Powers v. Gatliff Coal Co.

Opinion op the Court by

Commissioner Hobson

Reversing.

George Powers was killed in the mine of the Gatliff Coal Company by a fall of slate, and this action was brought by his administrator against the company to recover for his death. On the first trial of the case there was a verdict for the plaintiff, but on appeal it was held by this court that the instructions were erroneous, and for this reason the judgment was reversed. The court concluded its opinion with these words:

“As we have seen, in the absence of any proof as to the orders given Powers as to where they should work, the only issue on…